Practice question
A competent employee receiving mental-health care wishes to participate in decisions about treatment. There is no statutory emergency or established impairment of decision-making capacity. A supervisor says the diagnosis alone lets management authorize treatment instead of the employee. Which is correct?
- Every diagnosis automatically transfers consent to the employer.
- A supervisor always becomes the employee's legal representative.
- Only coworkers may decide treatment.
- The diagnosis alone does not remove the Act's presumption of capacity or informed-consent protections.
- The employee must give up all employment rights to make a decision.
Legal references
- RA 11036 Sections 5,25,35,44: https://lawphil.net/statutes/repacts/ra 2018/ra_11036_2018.html
- RA 11036 Sections 8 and 18, capacity and informed-consent safeguards: https://lawphil.net/statutes/repacts/ra 2018/ra_11036_2018.html
Answer this question in flashcards to review your response and continue practicing.